Opinion
Ratmalana: An international airport without modern navigational and landing aids
History
In 1934 the State Council of Ceylon decided that an airport with easy access to Colombo was a necessity and declared that Ratmalana was the best site available. Accordingly, an airfield was built, and the first landing took place on 27 November 1935 at what became Ceylon’s first dedicated aircraft landing ground. During World War II the airport expanded, and a ‘hard’ runway was built.
To assist aircraft landing in bad weather and resulting bad visibility, a transmitter was built at Talangama to generate a radio signal beam, called a ‘radio range’, directed along the extended centreline of the Ratmalana runway. If the aircraft was tracking along the correct path, pilots would hear a continuous tone in their headsets. However, if they were left of the desired track, they would hear the letter ‘A’ transmitted in Morse Code (‘dit-dah’); or if right of the beam, the Morse letter ‘N’ (‘dah-dit’). The objective was to hear a continuous signal guiding them toward Ratmalana along the extended centreline of the runway.
Later, a low-frequency Non-Directional Radio Beacon (NDB) transmitter was installed at Attidiya in the vicinity of the airport, and used in conjunction with an Automatic Direction Finder (ADF) onboard the aircraft. A needle on a compass dial in the aircraft pointed to Attidiya, giving directional guidance. Although this system was useful, when most needed, for example during thunderstorm activity, there was static interference and the needles pointed toward the storm instead of at Attidiya. So, a Very High Frequency Omni Directional Radio Range (VOR) was installed for more accuracy and reliability.
After WW2 Ratmalana Airport was served by a few international airlines such as Air Ceylon, Indian Airlines, BOAC (British Overseas Airways Corporation) and TWA (Trans World Airlines). But in 1968 the airport lost its ‘international’ status when Bandaranaike International Airport opened and all international operations moved to Katunayake. Subsequently, the equipment at Ratmalana was allowed to deteriorate; radio navigational let-down aids were no longer operative, and there was no proper control tower. The civil training aircraft of the government’s flying school had neither radios nor radio aids to navigation.
Even the runway lights didn’t work, and domestic flights had to depend on kerosene lamps to demarcate the runway limits. Flares from oil lamps were the guiding light for all traffic landing at Ratmalana Airport. One redeeming grace, in the night, in those days, was that the Sapugaskanda Oil Refinery was in full production and a giant flare of the burning gasses was the guiding light to all domestic traffic landing at the Ratmalana Airport. The Pilots spotted the flare from far away and flew over the Refinery and then turned on the runway heading and could see the runway edge kerosene flares, flickering dimly in a dark patch that was the Ratmalana airport!
Post-1977 and the Dharmista government, another problem was created for Ratmalana operations. Sri Lanka’s capital was moved to Sri Jayewardenepura, Kotte, and a new Parliament complex built there. Unfortunately, the parliamentary precinct was only 3.6 nautical miles (NM) from the end of the Ratmalana runway ‘as the crow flies’, and less than 1 NM from the Talangama transmitters. In most countries overflying the Parliament is prohibited, and Sri Lanka decreed it wouldn’t be an exception to the rule.
This decision was detrimental to freedom of aircraft movements to the Ratmalana runway, preventing longer, safer, conventional landing approaches. At the time Air Ceylon, the Sri Lanka Air Force (SLAF) and other domestic flights were still using Ratmalana airport. Many professionals observed that it was akin to someone building a house near an existing railway line and then complaining that it was too noisy and requiring the railway to divert. This is not unlike the widely-known ‘NIMBY’ phenomenon: Not In My Back Yard.
Consequently, aviators had to accept the non-availability of precision navigational aids at Ratmalana as the Talangama transmitters lost their significance. The Urban Development Authority (UDA) eventually took vacant possession of the Talangama precinct, and the Sri Lanka Army’s Gemunu Watch infantry regiment established a camp there.
During December’s clear nights and cooler mornings, temperature inversions combined with the northeasterly winds blowing smoke from the Sapugaskanda Oil Refinery seriously compromise visibility on the final approach to Ratmalana airport. (See image 1)
On the morning of 14 December 2014, a SLAF Antonov An-32 transport aircraft on a ferry flight from Katunayake attempted to approach for landing at Ratmalana airport and crashed. This prompted the then Air Force Commander to write to the then Director General of Civil Aviation (DGCA) to reinstall navigational facilities (see letter below). Now, after almost 11 years, Airport and Aviation Sri Lanka (AASL) is slowly realising that not only the ‘seen’ but also ‘unseen’ facilities at Ratmalana should be brought up to international standard in the name of air safety. Wide publicity was given to the fact that the government’s intention was to make Ratmalana an international business aircraft hub by way of regaining its past importance. In fact, it is now known as the Colombo International Airport Ratmalana (CIAR). (See image 2)

Image 2
Meanwhile, another security-sensitive building has been erected and commissioned on vacant land at the former site of the Talangama transmitters, barely 1 NM from the Parliament and 4.4 NM from the Ratmalana runway end. That is the Akuregoda Military Head Quarters, which has created an effective manmade barrier to limit operation of legitimate air traffic to Ratmalana, consequently imposing more restrictions on inbound operations. Furthermore, it appears that there was no ‘master plan’ for Ratmalana International Airport, in a case of the left hand not knowing what the right hand was doing. (See image 3)

Air safety dictates that jet aircraft should have at least an 8 mile straight-in (no turns) final approach. Now it is not possible to do that with the unplanned presence of sensitive buildings on the final approach to Ratmalana. Ideally, as in other countries, all three parties – the local municipality town planner; Civil Aviation Authority/ Airport and Aviation Ltd (CAASL/ AASL); and building developer – must make these long-term decisions. In Australia, for instance, the Civil Aviation Safety Authority and relevant airports authorities have control of manmade obstacles for a radius of 25 miles. In Sri Lanka, unplanned buildings, called ‘man-made relief’ as against ‘geographic relief’ (terrain), have compromised feasibility of the intended city airport.
Another example is the General Sir John Kotelawala Defence University (KDU), the tallest building in the vicinity of Ratmalana Airport that should never have been allowed to be built that high. This is symptomatic of a malady the entire country is suffering from: people in the know are afraid to speak up. Subsequently, no one is held accountable for these poor, uncoordinated decisions without true professionals being consulted, resulting in tunnel vision. As a pithy Sinhala saying goes, “ledaa malath, bada suddai” (‘although the patient died, the bowels were clean’).
Accommodating ‘business jets’ (‘bizjets’, or executive jets) at Ratmalana Airport will be a good source of revenue, and a step in the right direction. Putting aside criticism of how Ratmalana Airport was allowed to run down, I write to offer a practical solution to mitigate the adverse effects of unplanned buildings. While the Akuregoda military base is working around the clock, the overflying prohibition may be justified. But Parliament sits only on certain days and for limited hours.
Therefore, the authorities should provisionally allow air traffic, inbound to Ratmalana, to overfly the Parliament complex on days and times when there are no sittings. A Notice to Airmen (NOTAM) to that effect could be issued as and when necessary.
The over-flight of the Parliament would become ‘Restricted Airspace’, not ‘Prohibited Airspace’. With airspace thus shared for the benefit of all users, longer and therefore safer approaches could be designed to facilitate those small but fast bizjets from overseas operating in and out of Ratmalana Airport.
The differences in airspace regulation and restrictions are as published by the International Civil Aviation Organisation (ICAO).
Restricted Area/Airspace is defined as an area of airspace where flight is permitted only under certain conditions. These conditions may include obtaining permission from the airspace’s controlling authority, flying at a certain altitude, or following a specific route. Restricted airspace is typically used for military training, testing, or other activities that require special precautions.
A restricted area is an airspace of defined dimensions above the land areas or territorial waters of a state, within which the flight of aircraft is restricted in accordance with specific conditions. (ICAO Annex 2: Rules of the Air)
Prohibited Area/Airspace is an area of airspace where flight is completely prohibited. This type of airspace is typically established for national security reasons, such as protecting sensitive government facilities or military bases. In some cases, prohibited airspace may also be established for safety reasons, such as around airports or other areas with high levels of air traffic.
A prohibited area is an airspace of defined dimensions, above the land area or territorial waters of a state, within which the flight of aircraft is prohibited. (ICAO Annex 2: Rules of the Air)
Furthermore, Ratmalana Airport lacks a proper Control Tower with a 360-degree range of visibility of the airport area. It is time to ‘think out of the box’. A new Control Tower could be sited in the highest point in the vicinity. Perhaps at the KDU building to mitigate the situation. At Wellington Airport, serving the capital of New Zealand, the control tower is on top of a shopping mall! (See image 4)

Image 4: Wellington Airport, New Zealand, control tower above a shopping Mall
A, research shows that light training aircraft and other small aircraft of the size and mass of business jets cannot create catastrophic destruction to strong buildings such as our Parliament or the Akuregoda military base, similar to what happened on September 11, 2001 in the USA with large passenger jets. (See image 5)

The Current Status at Colombo International Airport Ratmalana.
A map of Ratmalana Airport with heights of significant obstacles. The height above Mean Sea Level (MSL) is the first figure. The height above the airport reference point is within brackets. Note: The KDU is 212 ft. above MSL, standing at a height of 190ft. (See image 5)
Although publicised as an ‘international airport’, Ratmalana does not even have a ground-based precision electronic navigation or landing aid such as a Very high Frequency (VHF) Omnidirectional Radio range (VOR) or an Instrument Landing System (ILS). An excuse for that lack is that unplanned buildings such as the Sri Lanka Air Force Museum are obstructing navigational signals. Even if ground-based radio navigational aids are not available, modern satellite-based navigational aids such as a Global Positioning System (GPS) could be used.
India has already launched satellites into space and positioned a Geo-Augmented Navigation (‘GAGAN’) satellite for GPS navigation over this part of the world. Unfortunately, Sri Lanka has failed to request India to share use of the system. In the above map ‘RM’ (top left) is the NDB situated at Attidiya, and is not aligned with the extended centreline of the existing runway.
The Ratmalana terminal building was built in the likeness of many ‘colonial’ airports in the 1950s. It was often used for international movie backdrops. Unfortunately, the airport administration demolished parts of this historic terminal to accommodate an ugly temporary structure.
There is still no air traffic control tower conforming to international standards with a 360-degree view. From the building that is being used, air traffic control officers cannot see the south side of the airport and the runway at the Galle Road end.

The author (5ft 6in tall) beside the controversial hazardous wall at Colombo International Airport, Ratmalana
Speaking of the Galle Road end, there is still that concrete (or cement brick) wall which is considered a hazard by all experienced pilots, yet the authorities continue to ignore demands for its removal. To clarify, a hazard, according to EASA (European Union Aviation Safety Agency), is “a condition or an object with the potential to cause or contribute to an aircraft incident or accident.”
The EASA goes on to state that one way of identifying a ‘hazard’ is accepting the opinion of experts with professional knowledge. Accordingly, 22 very experienced pilots with experience totalling 330,500 hours petitioned the then Director of Civil Aviation to remove the concrete wall at Colombo International Airport Ratmalana and replace it with a frangible fence. The letter is produced below.
2nd November ‘18
The Director General,
Civil Aviation Authority,
Minuwangoda Road,
Katunayake.
Dear Sir,
The Concrete Wall at the Galle Road End at the Ratmalana Airport
Attached herewith is a petition signed by 22 very experienced pilots, who feel strongly about the presence of the concrete wall at the Galle Road end of the Ratmalana Airport.
The petitioners have a total of 330,500 hours and consist of a cross-section of some of the most experienced pilots in the land.
It is hoped that you will heed their call and at least get the process going.
Thanking you in anticipation.
Yours truly,
Capt. G A Fernando
The author (5ft 6in tall) beside the controversial hazardous wall at Colombo International Airport, Ratmalana
But the airport authorities couldn’t care less. I believe that the main reason for this sad situation is that none of the present airport administrators are or have been aviators.
“If you think that Air Safety is expensive, try an accident” Jerome Lederer, President, Flight Safety Foundation, USA
gafplane@sltnet.lk
The Writer is Immediate past President, Aircraft Owners and Operators Association (AOAOA)
RCyAF/ SLAF, Air Ceylon, Air Lanka, Singapore Airlines (SIA), SriLankan Airlines
President, Colombo Flying Club.
President, UL Club (an Association of Former Air Lanka and SriLankan Airlines Employees)
Life Member of the Organisations of Professional Associations (OPA)
by Capt G A Fernando
MBA (UK)
Opinion
Whatever on earth happened to meritocracy, pragmatism, and honesty in Sri Lanka?
By A Concerned Aficionado
In 1959, just over a decade after Ceylon, as Sri Lanka was then known, gained Independence, a tiny, resource-barren island in many ways, named Singapore, elected a man called Lee Kuan Yew as their Prime Minister. Before that, having been ejected from the Malaysian Federation into forced independence, the founding fathers of independent Singapore looked across the Indian Ocean with envious eyes. The subject of their admiration was Ceylon: “The Pearl of the Indian Ocean.” Here was a nation in a pearl blessed with fertile land, a highly literate population, a functioning model of the civil service, robust infrastructure, and standard English education. Lee Kuan Yew openly declared that his ambition was for Singapore to emulate Ceylon.
Decades later, the tragedy that developed out of this historical juxtaposition is staggering. Singapore now sits comfortably in the first world, boasting a GDP per capita exceeding US Dollars 80,000, world-class institutions, and zero tolerance for corruption. Sri Lanka, meanwhile, lies in the ashes of sovereign default, a begging bowl in hand, passing from one economic crisis to the next, crippled by debt as well as rampant corruption and governed by political short-sightedness.
What went wrong? The answer can be found in a simple three-letter acronym popularised by Singaporean diplomat and academic, Professor Kishore Mahbubani, MPH: the acronym for Meritocracy, Pragmatism, and Honesty: the proven mantra of that country.
Mahbubani famously argued that any nation, regardless of size or origin, can achieve extraordinary success if it rigorously applies these three foundational doctrines. If Singapore stands as the global poster child for the triumph of the MPH model, Sri Lanka stands as its renowned antithesis; a tragic case study of what happens when a country systematically dismantles every single one of those three sacred creeds of good governance.
Meritocracy Dismantled: The Triumph of Nepotism and Tribalism in the Pearl
Meritocracy, in Mahbubani’s framework, demands that a nation relentlessly selects its best and brightest to lead its institutions, regardless of ethnicity, family lineage, or political affiliation. In Singapore, early leaders like S. Rajaratnam, a Sri Lankan Tamil, were elevated to the highest positions strictly on ability.
In Sri Lanka, we did the exact opposite. Almost immediately after independence, our political class realised that exploiting communal divisions was far more lucrative than building a meritocratic state. The Official Language Act of 1956 was the first lethal blow, substituting raw linguistic nationalism for competence. This was followed by media-wise standardisation policies in higher education, which effectively told our youth that their brainpower mattered less than their geographic or ethnic identity. In short, this was the political misdemeanour that destroyed the Sri Lankan nation.
The institutional decay spread rapidly into our civil service, which was once the envy of Asia. The Independent State Services Commission was systematically gutted and replaced by political patronage. State corporations, statutory boards, and diplomatic missions became dumping grounds for politicians’ children, loyalist party hacks, henchmen and henchwomen and despicable sycophants.
Instead of putting domain experts at the helm of economic, medical, and technical bodies, our rulers appointed cronies whose primary qualification was their willingness to bow and kneel before their political masters. The resulting brain drain has been catastrophic. For generations, Sri Lanka’s greatest export has not been tea or garments, but its finest minds, driven out by a system that rewards loyalty to a party over loyalty to intellectual competence.
Pragmatism abolished: Ideological Dogma and Economic Madness in the Pearl
Pragmatism means deserting ideological blinders and adopting policies simply because they work. As Singapore’s Dr Goh Keng Swee put it to Mahbubani: “No matter what problem Singapore encounters, somebody, somewhere has solved it. Let us copy the solution and adapt it.”
Sri Lanka, by contrast, has been a graveyard of economic dogmatism and harebrained experiments. Rather than copying proven global best practices, our policy decisions have consistently been driven by shortsighted populism, ideological posturing, and economic illiteracy.
Consider our economic history: alternating decades of closed-economy import substitution that strangled private enterprise, followed by unbridled, corrupt market deregulation without supervisory safeguards.
Perhaps the ultimate symbol of our anti-pragmatic hubris was the infamous overnight ban on chemical fertilisers in 2021. Ignoring every agricultural scientist and expert in the country, the government imposed a purely ideological and immediate “100% organic” policy by a Presidential Decree. The result was immediate and devastating: agricultural yields collapsed, food security evaporated, and tea production; our main foreign exchange earner, suffered disastrous damage. It was economic suicide masquerading as some kind of a vision of splendour.
Pragmatism requires looking at numbers, listening to experts, and adjusting and changing course when a policy fails. In Sri Lanka, political leaders routinely ignore basic arithmetic and even common sense to preserve their political narratives. They cut taxes when the treasury is empty, print trillions of rupees while inflation soars, and hold off on seeking IMF restructuring until the country literally runs out of foreign currency for fuel, medicines, and food.
Honesty is dead: The Culture of Systemic Corruption, the Misery of the Pearl
The third component, Honesty, is perhaps where Sri Lanka has fallen down the furthest. Professor Mahbubani notes that corruption is the single biggest reason why third-world countries fail. Singapore combated this by establishing near-zero tolerance for corruption, enforcing the strict rule of law, and ensuring that no public official, no matter how powerful, was above accountability.
In Sri Lanka, dishonesty is not merely an occasional scandal; it has become the fundamental operating system of the state. Corruption in Sri Lanka is institutionalised from the bottom to the absolute top. White-elephant infrastructure projects were financed through high-interest commercial loans: not because they offered viable economic returns, but because they offered massive kickbacks and inflated procurement contracts. Commissions were pocketed on everything from highways and airports to coal shipments, vaccines, and even basic food commodities.
Worse still, a culture of complete impunity took root. Commissions of inquiry were appointed not to uncover the truth, but to whitewash theft and buy political time. Files mysteriously vanished, prosecutors were pressured, and political deals were struck to protect corrupt figures across all political divides. The public watched in desperation as billions were drained from the national coffers, leaving the country bankrupt while the perpetrators enjoyed immunity, private jaunts, and even clandestine offshore accounts.
The Current Dispensation: Have They Got Their Wires Completely Crossed
If the public expected a sharp break from this pattern with political shifts in recent years, the disillusionment is totally complete. However, amidst a rhetoric towards a milk and honey nation, the aftermath has been everlasting desolation, as the stark reality has proven bitterly disappointing. The current political leadership appears to have got its wires completely crossed.
Instead of a sharp return to the MPH principles, what we witness is a baffling mix of improvised policies, misplaced priorities, and political double-speak. On the one hand, the government attempts to eloquently speak the language of reform and fiscal discipline to satisfy the gullible citizens and even the international lenders. On the other hand, it continues to rely on the same tired playbooks of executive heavy-handedness, administrative opacity, and political backroom deals.
Where is the true Meritocracy in the current administration? Key appointments in crucial public sectors are still dominated by political trade-offs and ideological echo chamber minions rather than competent people with independent, proven track records. Technical expertise is treated as a secondary consideration, way behind political compliance. The intense tragedy is the folly of ignoring and suppressing capable and efficient people and bringing in the henchmen and henchwomen.
Where is the Pragmatism? Rather than instituting big structural changes, modernising our public sector, and stripping away red tape to attract genuine foreign direct investment, the government remains addicted to piecemeal band-aid and bureaucratic control. Instead of fixing fundamental market distortions, it attempts to micro-manage the economy through top-down mandates, price controls, and extremely heavy taxation that burdens the middle class while leaving structural inefficiency untouched.
Where is the Honesty? Transparency remains a distant unattainable dream. Crucial state contracts, energy deals, and restructuring terms are still negotiated behind opaque doors. There is a glaring absence of genuine accountability for those whose past financial crimes pushed the nation into default. The rhetoric of “anti-corruption” is deployed aggressively against political adversaries, yet remains conveniently muted when it touches allies or organisational dishonesty within state institutions.
Instead of showing the public a clean, transparent roadmap for national recovery, the current regime seems intent on managing optics, suppressing dissent, and maintaining political survival at all costs.
The Path Forward: Can the Pearl be Restored?
Sri Lanka’s journey from being the envy of Asia in 1948 to a terribly bankrupt state in the 2020s is not a result of bad luck or external conspiracies. It is the direct consequence of our miserable choices. We chose tribalism over Meritocracy. We chose ideological populism over Pragmatism. We chose systemic corruption over sanctified honesty.
The Singapore story proves that natural resources, land size, and historical advantages do not determine a nation’s destiny. It has very clearly demonstrated that it is only the realism of proper governance that leads to prosperity. Singapore had no oil, no timber, no agriculture, and not even its own fresh water. What it had was a leadership obsessed with execution, integrity, and competence.
If Sri Lanka is ever to rise from the ashes of its self-inflicted ruin, it must abandon the political illusions that brought it to its knees. No amount of foreign loans, IMF bailouts, or geopolitical manoeuvring will save us if we do not transform the way we govern ourselves.
The formula is already written. It does not need to be reinvented. It has only to be implemented with untold dedication.
· Enforce absolute Meritocracy: Strip politicians of their power to appoint cronies to state bodies. Establish an independent, politically insulated mechanism for public sector leadership based entirely on competitive, verifiable competence.
· Embrace Pragmatism:
Kill economic dogma. Listen to experts, even when their opinions are unpleasant, copy proven global models, digitise state processes, and evaluate every public policy solely on one metric: would it or does it deliver measurable results for the people of our nation?
· Institutionalise Honesty:
Enforce an absolute, unyielding rule of law with zero tolerance for deceit and fraud. Empower independent anti-corruption agencies with real teeth, strip away immunity for financial crimes, and make asset declarations mandatory and publicly accessible for every elected official.
The time for empty political slogans, hereditary politics, and ideological arrogance should be over and, in fact, should be wiped out forever. Sri Lanka has run out of the flight runway. Until we, as a nation and the citizenry of a united nation, demand a radical pivot toward Meritocracy, Pragmatism, and Honesty, the “Pearl of the Indian Ocean” will remain nothing more than a tragic reminder of what it could have been.
It is never too late. All it needs is a supremely committed political and national obligation to the glorious vision of a prosperous future for the entire nation. However, we are forced to lament whether any of our current lot of so-called statesmen, or, for that matter, stateswomen, of any hue and rhetorically imbibed, are up to that committed task of getting the pearl back into its long-lost pristine glory.
Opinion
A safe harbour without a legal map: Why Sri Lanka needs a domestic refugee law
by Viran Maddumage
Assistant Lecturer & PhD (Reading) Department of Human Geography and Migration,
Macquarie University Australia
&
Sanduni Rathnayake
Lecturer (Probationary) Faculty of Law,
General Sir John Kotelawala Defence University
When a boat carrying desperate people reaches the shores of an island, the first question should be a humanitarian one: how can these people be kept safe? But sooner or later, another question becomes unavoidable: what does the law say?
For Sri Lanka, that question is becoming increasingly important.
In December 2024, the Sri Lankan Navy rescued more than 100 people believed to be Rohingya refugees from a fishing vessel found adrift off the country’s northern coast. Among them were women and children. They were brought ashore and provided with food, water and medical assistance. The incident was not entirely unprecedented; Sri Lanka had encountered a similar arrival of Rohingya people by sea in 2022.
These incidents expose an uncomfortable gap in Sri Lanka’s legal architecture. Sri Lanka is capable of rescuing people in distress. It can provide immediate humanitarian assistance. But once those people reach our shores and seek protection, where exactly does the law take them?
Sri Lanka has not ratified the 1951 Convention relating to the Status of Refugees or its 1967 Protocol. The Convention and Protocol constitute the central international instruments defining refugee status and establishing international standards for refugee protection. More importantly, Sri Lanka does not currently have a comprehensive domestic legal framework establishing a national procedure for determining refugee status. UNHCR has consequently played an important role in registering and assessing asylum claims in Sri Lanka.
This arrangement may function when refugee movements are limited. But it is not a substitute for law.
Problem of a legal vacuum
An asylum-seeker is not simply an undocumented migrant. An asylum-seeker is a person asking another state for protection because returning home may expose them to persecution or serious harm. A refugee is a person whose circumstances meet the applicable criteria for international protection.
The distinction matters because ordinary immigration law is principally concerned with controlling entry, residence and departure. Sri Lanka’s Immigration and Emigration framework, for example, is designed to regulate the entry and departure of persons and to provide for the removal of certain non-citizens. Refugee law asks a different question: what happens when the ordinary assumption that a person can simply be returned to their country of nationality is no longer safe?
That question cannot be answered adequately through immigration enforcement alone.
At present, Sri Lanka lacks a dedicated statutory process that clearly answers basic questions. Who may apply for asylum? Who determines whether an individual qualifies for protection? What procedural rights does the applicant have? What evidence must be considered? Is there a right to appeal? What happens while an application is pending? When may detention be used? What happens when the applicant is a child? And, most importantly, what safeguards exist against returning a person to a place where they face persecution or other serious harm?
Leaving such questions to ad hoc administrative arrangements creates uncertainty not only for refugees and asylum-seekers, but also for the State itself.
Why international law alone not enough
One might respond that Sri Lanka already participates in the international human-rights system and therefore has obligations relevant to the treatment of vulnerable non-citizens. That is true. But international commitments and domestic enforceability are not necessarily the same thing.
Sri Lanka’s constitutional and legal framework has traditionally reflected a dualist approach to international treaties. The Supreme Court’s decision in Singarasa v Attorney-General is particularly significant in this regard. The judgment recognised that treaty obligations undertaken by the State do not, merely by virtue of international acceptance, automatically become enforceable domestic law; legislative implementation is required for treaties to have internal legal effect.
This principle makes the case for domestic refugee legislation even stronger.
The answer is not to pretend that international law does not matter. Nor is it to suggest that Sri Lanka has no responsibilities towards people seeking protection. Rather, the lesson is that where protection is important enough to be recognised internationally, it should also be translated into clear domestic rules that courts, public officials and affected individuals can actually understand and apply.
A refugee should not have to depend upon uncertainty about the precise relationship between an international obligation, administrative practice and domestic immigration law to know whether they can safely remain in the country while their claim is considered.
Principle of non-refoulement
At the heart of refugee protection is the principle of non-refoulement: the prohibition against sending a person back to a place where they face persecution or other serious threats to their life or freedom.
The principle is one of the foundational concepts of international refugee protection. Its significance extends beyond the formal status of a person as a recognised refugee. International human-rights law also provides important protection against removal in circumstances where return would expose an individual to serious harm.
For Sri Lanka, the question therefore cannot simply be whether the country has ratified the Refugee Convention. The more fundamental question is whether Sri Lankan law provides an effective mechanism for ensuring that a person who may require international protection is identified and assessed before removal.
Without such a mechanism, even a principle as important as non-refoulement risks becoming difficult to operationalise.
The Rohingya arrivals demonstrate why this matters. These were not abstract legal hypotheticals. They were human beings arriving by sea after fleeing circumstances in which their safety could not simply be assumed. The State had to decide what to do with them.
And whenever the State must make such decisions, law matters.
A Sri Lankan solution
The answer should not necessarily be the wholesale transplantation of another country’s refugee legislation. Sri Lanka has legitimate interests in border management, national security, immigration control and public order. A domestic refugee law can recognise those interests while also establishing safeguards for people genuinely in need of protection.
A Sri Lankan Refugee and Asylum Act could establish a clear national asylum procedure. It could define who qualifies as a refugee and who may seek asylum, establish an independent or appropriately insulated refugee-status determination mechanism, and provide applicants with basic procedural guarantees.
There should be an opportunity to present evidence, an obligation to give reasons for decisions and a meaningful avenue of review or appeal.
The legislation should also address detention. Irregular entry should not automatically transform a person seeking protection into a criminal. Where detention is considered necessary, the law should establish clear grounds, safeguards and review mechanisms, with particular protection for children and other vulnerable persons.
The framework should provide temporary documentation to asylum-seekers while their claims are being considered. It should address access to essential healthcare and education, and determine whether and under what conditions recognised refugees may work.
Most importantly, the legislation should expressly incorporate appropriate safeguards against refoulement.
Such legislation would not mean that every person arriving without a visa must be permitted to remain indefinitely. Refugee law has never required that. A functioning asylum system distinguishes between those who require international protection and those who do not. It gives the State a lawful process through which to make that distinction.
That is precisely why having a legal framework can actually strengthen immigration control rather than undermine it.
From humanitarian reaction to legal certainty
Sri Lanka has a long history of displacement. Hundreds of thousands of Sri Lankans themselves experienced displacement during the country’s civil conflict, while many Sri Lankans sought protection abroad. The experience of displacement should make the country particularly conscious of what it means to cross a border because remaining at home is no longer safe.
At the same time, Sri Lanka is not required to choose between compassion and sovereignty.
A properly designed refugee law can protect both.
It can establish who has a right to seek protection, who decides that claim, what evidence is required and what happens when the claim succeeds or fails. It can provide national authorities with procedures rather than uncertainty. It can provide courts with legal standards rather than administrative ambiguity. And it can provide refugees and asylum-seekers with something that is often more valuable than a promise of goodwill: legal certainty.
There is also a broader institutional argument. Reliance upon external humanitarian actors to fill a domestic legal gap may be understandable as an interim measure, but refugee protection should ultimately rest upon a framework for which the State itself is legally accountable.
Sri Lanka therefore faces a choice.
It can continue responding to refugee arrivals when they occur; rescuing boats, providing temporary assistance and finding administrative solutions to individual situations.
Or it can anticipate the next arrival before it happens.
The second approach is the more responsible one.
The sea surrounding Sri Lanka has never been merely a geographical boundary. It has been a route of migration, trade, conflict, escape and refuge. People will continue to cross it for many different reasons. Some will arrive as migrants. Some will arrive irregularly. Some may arrive because they have nowhere safe to return to.
When the next boat reaches our shores, Sri Lanka should not have to improvise its legal response.
A safe harbour needs more than compassion. It needs a legal map.
For Sri Lanka, the time has come to draw one.
Opinion
Panadura debate: special exhibition most welcome
The special exhibition displaying original manuscripts relating to the Panadura Debate at Rankoth Vihara is welcome and, as Nishantha Peiris mentions (News, 30 Aug), the debate gained international interest following the publication of a book containing the speeches made in the debate. The credit for this must be given to John Capper, the then editor of the Ceylon Times. He published an account of each day’s proceedings in his paper and the full text of the speeches in a book entitled ‘Full Account of the Buddhist Controversy Held at Pantura in August 1873.
The preface of the book stated: ‘In the belief that an authentic account of the Controversy which took place at Pantura in August last, between a Buddhist Priest and two Ministers of the Protestant religion, will be read with interest by a large number of persons here and in Europe. I have produced the proceedings in the present form. The report has been revised by the respective disputants, so that it may be taken as a correct account of what passed’.
Capper’s book was picked up by J M Peebles who was in India, who then published an extended version in the United States. If an original copy of Capper’s book is available in Sri Lanka, it should be exhibited in the Rankoth exhibition.
Yours faithfully,
Dr R P Fernando,
19 Danetree Close,
Epsom UK
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